Deputy President Rigathi Gachagua has, yet again, lost a bid to arrest the ongoing impeachment process against him.
The High Court in Nairobi on Tuesday declined to grant Mr Gachagua’s request to stop his impeachment trial in the Senate, set for Wednesday and Thursday.
Justice Chacha Mwita cited separation of powers, as he ruled that Parliament should be allowed to exhaust its authority.
The judge said courts should be reluctant to take over the functions of other branches of government.
The judge, however, said Mr Gachagua’s petition raises substantial questions of law and directed the file to be taken to Chief Justice Martha Koome, for appointment of an uneven number of judges to determine the case.
Justice Mwita further said the CJ may direct the case to be heard by a bench that has already been appointed by Justice Koome, to determine six others petitions.
“Having considered the application, arguments and submissions from parties, and having looked at the constitution and the law, the prayers for conservatory order is declined,” said the judge.
